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Discrepancies Between Ballot Petitions and Ballot Text

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
July 31, 2018
Available Online Only

Martinez v. Monterey County (Jeremy Fogel, N.D. Cal. 5:05-cv-2950)
A federal complaint challenged a ballot initiative as different in wording from the text circulated for ballot-access signatures and challenged the change in wording as a change in election procedures requiring preclearance pursuant to section 5 of the Voting Rights Act. In parallel litigation, the state’s supreme court provisionally ruled that the electorate should not be denied an opportunity to vote on the initiative unless the text discrepancies were sufficiently misleading. A three-judge federal district court declined to interfere with state proceedings because the state court also had jurisdiction over the federal question. The initiative failed and the state’s supreme court subsequently ruled that the text discrepancies were not so great as to merit an injunction against including the initiative on the ballot.
Subject: Ballot measures. Topics: Ballot language; ballot measure; section 5 preclearance; matters for state courts; three-judge court; case assignment.

One of many Case Studies in Emergency Election Litigation.